Halle Berry’s years-long custody battle with ex-husband Olivier Martinez has taken another major turn after a Los Angeles judge allowed Martinez to retain primary physical custody of their 13-year-old son, Maceo, while dismissing the domestic violence restraining order against the Oscar-winning actress.
According to TMZ, Martinez’s attorney, Patrick Baghdaserians, confirmed that his client will maintain primary physical custody following a contentious court hearing. Berry reportedly requested a return to their previous 50/50 custody arrangement, but the judge declined to reinstate it.
The ruling also leaves Berry without overnight visitation with Maceo, according to TMZ. Although the actress can continue spending time with her son under the court’s custody arrangements, she will not have the overnight parenting time she previously shared with Martinez.
Baghdaserians described the outcome as a “huge victory” for Martinez, whose legal team had presented evidence concerning both parents’ relationships with their son.
However, Berry secured a significant legal win of her own. The judge dismissed the domestic violence restraining order that Martinez had sought against her.
A representative for Berry also confirmed that she retains joint legal custody and has the deciding vote when the parents cannot agree on certain matters involving Maceo. Joint legal custody concerns parental decision-making, while physical custody determines where a child primarily lives.
The latest decision follows weeks of serious allegations and conflicting accounts involving the former couple.
In September, Martinez accused Berry of physically attacking Maceo during an incident at her home on September 26. According to court filings previously reported by the Los Angeles Times, Martinez alleged that Berry placed her hands around their son’s neck and choked him.
Berry has denied the abuse allegations. Her legal team characterized Martinez’s claims as misleading and accused him of repeatedly interfering with their son’s educational and therapeutic needs.
The accusations prompted a judge to issue a temporary restraining order on October 1, restricting Berry’s contact with Martinez and changing her parenting schedule.
As the case progressed, Maceo became directly involved in the proceedings. The teenager testified behind closed doors after the court permitted him to address allegations connected to the restraining order.
Berry had previously opposed having Maceo testify, alleging that Martinez had discussed the legal proceedings with their son and influenced his potential testimony. Martinez’s legal team maintained its position that Maceo should be heard.
The courtroom proceedings also included testimony from Berry’s daughter, Nahla Aubry, whom she shares with former partner Gabriel Aubry, and her fiancé, musician Van Hunt.
Another disagreement emerged after a message appeared on Berry’s Instagram account earlier this week.
“If kids disrespect their mom, the root cause often traces back to their relationship with the father,” the post read.
TMZ reported that Berry’s account appeared to have been hacked, although the circumstances surrounding the message were not independently established.
Martinez’s attorney subsequently sought to reopen evidence, arguing that the message was “disturbing my client’s peace.” Judge Kaufman denied that request.
Berry and Martinez have been involved in custody disagreements for years, despite finalizing their divorce in August 2023.
The former couple married in France in July 2013 and welcomed Maceo that October. They separated in 2015, but their divorce proceedings continued for nearly eight years.
Their 2023 divorce settlement established joint legal and physical custody. Berry also agreed to pay Martinez $8,000 monthly in child support, plus a percentage of annual earnings exceeding $2 million.
By 2024, their disagreements over co-parenting, therapy, and decision-making had returned to court. Berry previously sought sole custody, accusing Martinez of obstructing efforts to address their son’s needs. Martinez disputed her claims.
Now, the latest ruling leaves Martinez responsible for Maceo’s primary physical care while Berry retains legal custody rights and court-authorized visitation.
